DEPARTMENT OF THE NAVY
BOARD FOR CORRECTION OF NAVAL RECORDS
2 NAVY ANNEX
WASHINGTON DC 20370-5100
BUG
Docket No: 11493-09
10 August 2010
This is in reference to your application for correction of your
naval record pursuant to the provisions of title 10 of the
Umited States Code, section 1552.
A three-member panel of the Board for Correction of Naval
Records, sitting in executive session, considered your
application on 10 August 2010. Your allegations of error and
injustice were reviewed in accordance with administrative
regulations and procedures applicable to the proceedings of
this Board. Documentary material considered by the Board
consisted of your application, together with all material
submitted in support thereof, your naval record and applicable
statutes, regulations and policies.
After careful and conscientious consideration of the entire
xecord, the Board found that the evidence submitted was
insufficient to establish the existence of probable material
error or injustice. The Board found that you entered active
duty in the Marine Corps on 29 June 1979, You received
nonjudicial punishment on two occasions for unauthorized
absence (six days), and failure to obey a lawful order. You
were notified of pending administrative separation with a type
warranted by service record characterization of service for the
convenience of the government (COG). You waived all of your
procedural rights, including your right to an administrative
discharge board (ADB). On 30 January 1981, you received a
general discharge for the COG, and were assigned an RE-3B (not
eligible for retention and reenlistment must be approved by the
Commandant of the Marine Corps) reenlistment code.
Character of service is based in part on conduct and
proficiency marks assigned on a periodic basis. Your conduct
average was 3.4. A 4.0 was required for a fully honorable
discharge.
In its review of your application, the Board carefully weighed
all potentially mitigating factors, such as your youth and
desire to upgrade your discharge. However, the Board concluded
ey ay: charge . Sh@eld not be changed because of your
z s and insufficiently high conduct average. The Board
:found ae you waived yotir right to an ADB, your best
opportunity for retention or a better characterization of
service. The Board noted that you were fortunate to receive a
general discharge, since an individual who has committed
misconduct such as yours normally receives an other than
honorable characterization of service. In view of the above,
your application has been denied. The names and votes of the
Qrembers .of -the pang will be furnished upon request.
It is regretted that the circumstances of your case are such
that favorable action cannot be taken. You are entitled to
have the Board reconsider its decision upon submission of new
and material evidence or other matter not previously considered
by the Board. In this regard, it is important to keep in mind
that a presumption of regularity attaches to all official
records. Consequently, when applying for a correction of an
official naval record, the burden is on the applicant to
demonstrate the existence of probable material error or
injustice.
Sincerely,
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